| (a) The manufacturer shall submit a monthly report
to the department, of all industrialized housing, buildings, modules,
and modular components that were constructed and to which decals and
insignia were attached during the month.
(1) The report shall be filed in a format required
by the department by no later than the 10th day of the following month.
(2) The manufacturer shall keep a copy of the monthly
report on file for a minimum of five years.
(3) Any corrections to reports previously filed shall
clearly indicate the corrections to be made and the month and date
of the report that is being corrected.
(4) The report shall contain:
(A) the serial or identification number of the units;
(B) the decal or insignia number attached to each identified
unit;
(C) the name and registration number of the industrialized
builder (as assigned by the department), or the installation permit
number (as assigned by the department) of the person, to whom the
units were sold, consigned, and shipped. The requirements contained
in §70.20(3) shall apply when an installation permit is reported
in lieu of the registration number of an industrialized builder;
(D) the date the decal or insignia was attached to
the unit;
(E) an identification of the use of the structure for
which the units are designed. For example, will the complete structure
be used as a single family residence, a classroom or school, a duplex,
a church, a restaurant, an equipment shelter, a bank building, a hazardous
storage building, etc. Modular building, kiosk and similar terms are
not to be used to describe the use of the completed building;
(F) any other information the department may require;
and
(G) an indication of zero units if there was no activity
for the reporting month.
(5) A manufacturer that takes possession of units that
have not been installed, but that were previously reported as shipped,
shall report the disposition of those units on the manufacturer's
monthly report.
(b) Each industrialized builder responsible for any
portion of the on-site construction in accordance with §70.73
shall keep records of all industrialized housing, buildings, modules,
and modular components that were sold, leased, or installed. The records
shall be kept for a minimum of 10 years from the date of the final
on-site inspection report and made available to the department upon
request. These records shall include the following:
(1) Decal or insignia number and corresponding serial
number from the manufacturer of each module or modular component installed;
(2) Documents showing compliance with §70.75;
(3) The address where each module or modular component
was installed;
(4) Date the on-site construction began at the installation
site;
(5) The occupancy use of each building containing modules
or modular components. Examples of the occupancy use of each building
include, but are not limited to, the following: portable classroom
buildings; school buildings; restaurants; bank buildings; equipment
shelters; single-family residences; duplexes; apartment buildings;
dormitories; and hazardous storage buildings;
(6) A copy of the site-specific foundation drawings;
(7) A copy of any unique on-site construction detail
drawings;
(8) A copy of the on-site inspection reports.
(9) The date of the successful on-site inspection in
accordance with §70.73(d);
(10) The name and registration number of the industrialized
builder responsible for any on-site construction not completed by
the first industrialized builder.
(11) A copy of the installation permit of the permit
holder responsible for any on-site construction not completed by the
industrialized builder; and
(12) Records as necessary to demonstrate compliance
with requirements of the mandatory building codes and the rules governing
the installation of industrialized housing and buildings. These records
may include the following:
(A) material documentation reports;
(B) test reports;
(C) documents showing the use of licensed sub-contractors
in accordance with applicable state laws; or
(D) other records that demonstrate mandatory building
code compliance.
(c) Each industrialized builder who is not responsible
for any portion of the on-site construction in accordance with §70.73
shall keep records of all industrialized housing, buildings, modules,
and modular components that were sold or leased and make a copy of
the records available to the department upon request. The records
shall be kept for a minimum of 5 years from the date of sale or lease
of each industrialized house, building, module, or modular component.
These records shall include the following.
(1) Decal or insignia number and the corresponding
serial number from the manufacturer of each module or modular component
sold or leased;
(2) Documents showing compliance with §70.75.
(3) The address where the modules or modular components
were shipped.
(4) Either of the following:
(A) the name and registration number of the industrialized
builder who received the modules or modular components; or
(B) a copy of the installation permit of the permit
holder who received the modules or modular components.
(5) Documentation showing the sale, lease or transfer
of the industrialized housing, buildings, modules or modular components
to another industrialized builder or to an installation permit holder.
(d) The department may conduct an audit of any of the
records identified in subsections (b) and (c) to verify compliance
with this chapter and Texas Occupations Code, Chapter 1202. The industrialized
builder shall provide the information and records requested by the
audit within the time frame set by the audit.
(e) Each REF builder shall keep records of all REFs
constructed for a minimum of 10 years and provide a copy of these
records to the department upon request. At a minimum the records shall
include copies of the approved construction documents, inspection
reports, and construction address for each REF.
(f) An installation permit holder shall keep a copy
of the foundation plans and other construction plans and, for units
installed outside the jurisdiction of a municipality, the site inspection
report in accordance with §70.73 for a period of ten years from
the date of successful completion of the final inspection of the industrialized
house or building. A copy of these records shall be provided to the
department upon request.
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| Source Note: The provisions of this §70.50 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective August 1, 1996, 21 TexReg 6619; amended to be effective March 16, 1998, 23 TexReg 1305; amended to be effective September 13, 1999, 24 TexReg 7224; amended to be effective June 13, 2001, 26 TexReg 4092; amended to be effective August 14, 2002, 27 TexReg 7103; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective October 3, 2004, 29 TexReg 9182; amended to be effective June 1, 2006, 31 TexReg 4420; amended to be effective January 1, 2010, 34TexReg 9409; amended to be effective May 1, 2014, 39 TexReg 3412; amended to be effective November 1, 2015, 40 TexReg 5146 |
